The Third U.S. Circuit Court of Appeals ruled that Intimate Brands Inc. and its unit, Victoria’s Secret did not infringe A&H Sportwsear Inc’s trademark, overturning a lower court ruling that awarded A&H over $1 million, according to reports.
The Stockertown, PA-based sportswear company filed suit against Victoria’s Secret and its catalog division in 1994, alleging that Victoria’s Secret’s Miracle Bra and Miracle Bra swimwear infringed on A&H’s trademark Miraclesuit swimwear.
However, the Circuit court sent part of the case back to the lower federal court since the circuit court did not attempt to define the likelihood of confusion and the lower court judge did not use that standard in holding the cataloger liable.
Network
